After a death, Augulis Law Firm is here to help make the process of transferring assets easier. No one wants to deal with legal issues when facing loss, but there are many practical steps which have to be taken when someone has passed away. We will be there as you make sure to honor the wishes of the deceased and protect the deceased’s wealth in the time after a death.
Whether you are an executor, heir, or family member concerned about a loved ones legacy, our Warren, New Jersey trust administration and probate lawyers can provide you with advocacy, advice, and legal representation. Give us a call at (908) 222-8803 or contact us online to find out about the assistance we provide and to get answers to questions including:
- What is involved in trust administration and probate?
- Who should be represented by a probate lawyer or trusts lawyer during these processes?
- How can a Warren, New Jersey trust administration and probate lawyer help?
What is Involved in Trust Administration and Probate?
The trust administration process and the probate process both involve taking the necessary steps to transfer assets to new owners. Both processes also involve caring for property before it is transferred to those who will inherit it. However, while some of the steps of probate and trust administration are the same, others are different.
- The probate process and trust administration process require heirs be notified about the death and about the property they will inherit.
- An executor is responsible for providing notice in the case of probate, while a trust administrator takes on this job when a trust has been created.
- Trust administrator’s and executors also have to fulfill tax obligations, manage property, and take care of the formal legal processes involving with shifting assets to new owners. This could include changing the title or deed on property.
While these are just a few of the similarities in the trust administration and probate processes, the biggest difference is that probate takes place in court and trust administration usually does not. Probate can take longer as a result of the need for court hearings to occur. Trust administration can occur much more quickly, and courts become involved only if action is taken against the trust administrator for failure to fulfill responsibilities.
Who Should Be Represented by a Probate Lawyer or Trust Administration Lawyer?
Because executors and trustees have extensive responsibilities during the probate process and during the trust administration process, both should be represented by an experienced attorney. An attorney can guide trust administrators and executors through providing notice, complying with tax obligations, taking care of property, handling court paperwork, and making the transfer of assets.
There may also be others who should be represented during probate and during the trust administration process. Those who will be inheriting property, for example, may decide they wish to have a legal advocate ensuring the probate or trust administration process goes smoothly. An attorney can help people who will inherit by making sure the executor or administrator don’t squander property, abuse their duties, or fail to fulfill their responsibilities.
Finally, anyone who is concerned about the validity of a will or the validity of a trust should be sure to get legal advice as soon as possible. A will and/or a trust can be contested in situations where there are concerns the estate planning process was not executed properly in accordance with all legal requirements and formalities. Contesting a will or trust is also appropriate if there is a belief the deceased person may not have been of sound mind or of sound body at the time when estate planning was performed.
Those who wish to contest a will or a trust will need to ensure they make the strongest possible arguments. An attorney can provide assistance with having a will or trust invalidated if you do not believe it is a true reflection of what the deceased person would have wanted.
How can a Warren Probate Lawyer or Trust Administration Lawyer Help?
Augulis Law Firm is committed to providing affordable representation to make the probate process and the trust administration process easy. Our legal team will represent you whether you want guidance fulfilling your role after a death or whether you are concerned a deceased person’s wishes are not being fully respected. Whatever your concerns following the death of someone in your life, we will make the legal process easier. Give us a call at (908) 222-8803 or contact us online to find out more.